Law Offices of Antone & Casagrande, P.C.
VAWA: Violence Against Women Act

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VAWA: Violence Against Women Act

About the Violence Against Women Act (VAWA)

The Violence Against Women Act or VAWA is a federal law passed by Congress in 1994 as part of the Violent Crime Control and Law Enforcement Act of 1994. The law is far-reaching and seeks to deter violence against women and to offer protection to victims of abuse, trafficking, sexual assault, and other violent crimes by creating several forms of assistance. Despite the name of the Act, it does not protect women exclusively. Men who are the victims of abuse are also protected by this law. The name, however, aptly reflects that the overwhelming majority of victims of domestic violence are women.

VAWA also resulted in changes to the Immigration and Nationality Act so that now it is possible for abused spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs or green card holders) to petition on their own (self-petition) for lawful permanent resident status, i.e. obtain a green card. This is significant because it means the abused immigrant no longer needs to rely on the abuser to obtain or maintain legal immigration status in the U.S.

Immigration Benefits under VAWA

Many foreign nationals feel trapped in relationships with abusive family members who threaten to withhold filing the immigration petitions required to get the green card application process started and completed. Some foreign nationals are afraid to report domestic violence to the police or seek help causing them to remain in abusive relationship. If you are a foreign national married to a U.S. citizen or a lawful permanent resident (LPR or green card holder), and you are the victim of domestic abuse by that person, you may qualify to file an immigrant visa petition under the Immigration and Nationality Act, as amended by the Violence Against Women Act or VAWA. Even if you are divorced, you may also qualify. Battered spouses and abused children of U.S. citizens and green card holders, and parents of U.S. citizens may also be eligible. Please contact one of the immigration attorneys at our Michigan law firm for assistance.

VAWA self-petitions are adjudicated by a special unit of the immigration service and strict confidentiality is mandated by law, policies, and regulations. Although VAWA petitions may take a year to be decided, the petitioner will receive work authorization soon after the petition is filed. A self-petitioner’s immigration status is protected while the petition is pending. A general overview of the eligibility requirements can be found below. For more information about VAWA protections and benefits, and to determine whether you qualify, please contact us.

Generally, a self-petitioner must meet the following basic requirements to qualify for immigration benefits under VAWA:

• There must be a documented qualifying relationship establishing that the self-petitioner is the spouse, child, or parent of the U.S. citizen or LPR abuser, as applicable
• Abuse must amount to “battery or extreme cruelty” (which can include mental, emotional, and sexual abuse)
• Abuser must be a U.S. citizen or LPR, as applicable
• Self-petitioner must have resided with the abuser
• Self-petitioner must be able to show good moral character
• Where the self-petitioner is the spouse of an abuser, the marriage must be shown to be bona fide
• If the self-petitioner is the spouse of the abuser and is divorced from the abuser, the divorce must be connected to the abuse, and must have been finalized within two years of the petition being filed

About Domestic Violence (DV)

Domestic violence is a criminal act, punishable by law. It involves the abuse of the victim by her or his intimate partner. Under VAWA, abuse of a spouse, parent or child is recognized as a basis for immigration benefits. (Many state laws extend the definition and punish abuse to any household member.) Although domestic violence is not limited to married couples, and often occurs between unmarried partners, for purposes of obtaining an immigration benefit under VAWA, unmarried victims do not qualify. Domestic violence is not defined solely by physical abuse, though that is an extremely common aspect of the abuse. Sexual, emotional, and mental abuse can also form the basis of domestic violence and are prevalent in most domestic violence situations.

Abuse can be manifested in various forms of control. For foreign national victims, this abusive control likely includes threats of calling the immigration authorities or the police, hiding the victim’s immigration papers, passport, and other important documents, preventing him or her from learning English, and isolating him or her from friends and family.

If you are the victim of domestic violence (or if you know someone who is), your safety is the highest priority. There are several local and national organizations that may be able to provide you with assistance. Help is available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance. For more information, visit the National Domestic Violence website. If you live in the Metropolitan Detroit area, you may contact HAVEN via their crisis hotline at 1-248-334-1274, toll free at I-877-922-1274, or TTY at I-248-334-1290, available 24 hours a day, 7 days a week, or visit their website at HAVEN.

About Trafficking

Although victims of domestic violence may also be the victims of trafficking, the two crimes do not always overlap. Trafficking is a crime and an abuse of human rights that results in forced or coerced labor or commercial sexual exploitation of a person. Thousands of children, women, and men enter the U.S. as victims of trafficking each year. There are laws in place to protect and assist victims of trafficking. Please contact us for more information about immigration benefits available to trafficking victims.

If you have been trafficked, or believe you know someone who is the victim of human trafficking, you may contact the National Human Trafficking Resource Center at 1-888-373-7888 for assistance. You may also report suspicious activities to federal authorities at 1-866-347-2423.